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(영문) 의정부지방법원 2016.09.20 2016노1861
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the instant crime and reflected, and that the Defendant gave 200,000 won to the principal of the restaurant where the victim is employed and agreed to do so.

B. However, in full view of the following circumstances: (a) the Defendant had been already subject to punishment seven times or more as a crime under the same Act; (b) the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to a crime under the same and several Acts; (c) there is no special change in circumstances after the sentence of the lower judgment; and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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